Under inverse condemnation law in California, a public agency is generally strictly liable for physical damage to private property caused by a public improvement. This means a public agency can be held liable even if the public improvement was properly designed, constructed and maintained. Rarely is there a question of whether a project constitutes a “public improvement,” but in … Continue Reading

The City of Oroville (“City”) has petitioned the California Supreme Court for review of an unpublished Court of Appeal decision, City of Oroville v. Superior Court (2017) 2017 WL 2554447 (Third District), finding the City liable in inverse condemnation for sewage backup into private property even though the owners failed to install and maintain backwater … Continue Reading

The Martins Beach access dispute in San Mateo County continues to make headlines. As a quick refresher, billionaire venture capitalist Vinod Khosla purchased 90 acres of beachfront property south of Half Moon Bay, and subsequently proceeded to lock the gated entry to Martins Beach, effectively preventing public access to the popular beach. We’ve been covering … Continue Reading

Last week, the United States Supreme Court in Murr v. Wisconsin issued a key regulatory takings decision which creates a new multifactor balancing test to determine whether two adjacent properties with single ownership could be considered a larger parcel. In a 5-3 decision, the Court found that the properties were a single parcel and because … Continue Reading

When public agencies analyze a potential public project, they often need to gain access to private property for surveys, testing, and to otherwise investigate whether a particular property is suitable for a planned project. Often, agencies gain access by talking with the property’s owner and reaching agreement on a right of entry. But where the … Continue Reading

Last year, my partner Ben Rubin reported on the California Supreme Court’s decision in California Building Industry Association v. City of San Jose, which analyzed an inclusionary housing ordinance and held that such ordinances do not qualify as “exactions” and, consequently, are reviewed under a deferential standard that looked at whether the ordinance was “reasonably related” to the city’s … Continue Reading

We don’t often see multiple takings-related cases in one week, but last week we saw three. The California Supreme Court’s decision in Property Reserve was obviously the most important, but the Fourth Appellate District Court of Appeal in San Diego also issued two decisions in the same week. Although both of these opinions are unpublished … Continue Reading

In the last month, the U.S. Supreme Court has declined to hear appeals on two eminent domain-related cases. The first case, California Building Industry Association v. City of San Jose, is one we discussed last year. If you recall, the California Supreme Court held that San Jose’s inclusionary housing ordinance that required all new residential development projects of … Continue Reading

As an eminent domain attorney, when I think about a “takings” claim, I always think about a claim involving someone’s real property. Has the government trespassed onto private property, has it imposed regulations that deny the owner an economically viable use of the property, etc.? But every once in a while, we get a reminder … Continue Reading

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California Eminent Domain Report is a one-stop resource for everything new and noteworthy in eminent domain in California. We cover all aspects of eminent domain in California, including condemnation, inverse condemnation, and regulatory takings. We also keep track of current cases, project announcements, budget issues, legislative reform efforts, and report on all major California eminent domain conferences and seminars.

About Nossaman LLP

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